2018-12-11j
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JOURNAL RECORD
CITY OF OMAHA
CITY COUNCIL MEETING
TUESDAY, DECEMBER 11, 2018
@ 2:00 PM
LEGISLATIVE CHAMBERS,
1819 FARNAM STREET
OMAHA, NEBRASKA
OMAHA CITY COUNCILMEMBERS
Ben Gray – Council President District 2
Chris Jerram – Council Vice President District 3
Pete Festersen District 1
Vinny Palermo District 4
Rich Pahls District 5
Brinker Harding District 6
Aimee Melton District 7
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THE CITY COUNCIL OF THE CITY OF OMAHA met in open session on Tuesday, December
11, 2018 at 2:00 PM in the Legislative Chambers, Omaha/Douglas Civic Center, Omaha,
Nebraska and was called to Order by Council President Ben Gray.
CALL TO ORDER
Deputy City Clerk Kimberly Pulliam took the Roll Call: Present were Councilmembers Pahls,
Palermo, Festersen, Harding, Jerram, Melton, Mr. President (Gray) – CCID # 1124.
Council President Ben Gray led those present in the Pledge of Allegiance.
Councilmember Aimee Melton of District No. 7 provided the Invocation.
CERTIFICATION OF PUBLICATION – NOTIFICATION OF OPEN MEETING ACT
Deputy City Clerk Kimberly Pulliam certified publication in the Daily Record, the Official
Newspaper of the City of Omaha, on December 7, 2018, notice of the Pre-Council and Regular
City Council Meetings, December 11, 2018 – CCID # 1125.
Ms. Pulliam stated that a current copy of the Open Meeting Act is posted in a white binder on
the east wall of the Legislative Chambers.
PRESENTATIONS AND PROCLAMATIONS
A. Proclamation read for Big Brother Big Sisters of the Midlands, which was presented to
Nicole Turgeon, Elizabeth Hansen, and Brad Kirshenbaum, who appeared and spoke.
B. Proclamation read for Deb Sander’s retirement, which was presented to Deb Sander,
who appeared and spoke.
PLANNING ITEMS WITH PLANNING BOARD ATTACHMENTS
THE RIDGES REPLAT 15
Deputy City Clerk Kimberly Pulliam stated that Items 6 through 9 relate to the same project and
would be considered together.
(Required notice of the public hearing relating to this development was published in the Daily
Record on November 27, 2018.)
6. ORD. 41677 – An ordinance to rezone property located south of Shadow Ridge Drive
and east of 186th Street from DR-Development Reserve District to R4-Single-Family
Residential District (High Density) – (First Reading November 20, 2018; Second
Reading December 4, 2018; Third Reading, Public Hearing and Vote December 11,
2018) – see attached. (PUBLIC HEARING AND VOTE TODAY)
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7. ORD. 41678 – An ordinance to rezone property located south of Shadow Ridge Drive
and east of 186th Street from DR-Development Reserve District to DR-Development
Reserve District – (First Reading November 20, 2018; Second Reading December 4,
2018; Third Reading, Public Hearing and Vote December 11, 2018) – see attached.
(PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
B. Communications in opposition – see attached.
C. Documentation from Larry Jobeun received during the meeting – see attached.
D. Documentation from Bob Campbell received during the meeting – see attached.
8. RES. 1043 – Res. that, the Preliminary Plat entitled The Ridges Replat 15, located south
of Shadow Ridge Drive and east of 186th Street, along with the conditions, is hereby
accepted; and, the preparation of the final plat of this subdivision is hereby authorized.
The applicant is Justin Shanahan – Inside City Limits – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
9. RES. 1044 – Res. that, the Final Plat entitled The Ridges Replat 15, located south of
Shadow Ridge Drive and east of 186th Street, is hereby approved and accepted. The
applicant is Justin Shanahan – Inside City Limits – see attached. (PUBLIC HEARING
AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Gray opened the Public Hearing on Items 6 through 9.
The following person(s) appeared and spoke:
PROPONENTS:
Larry Jobeun, Attorney for the applicant, 11440 West Center Road
Justin Shanahan, 19109 Marinda Circle
OPPONENTS:
Bob Campbell, 1801 South 186th Street
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Gray that the following items be approved:
Item # 6 ORDINANCE # 41677; Item # 7 ORDINANCE # 41678;
Item # 8 RESOLUTION # 1403; and, Item # 9 RESOLUTION # 1044
ROLL CALL:
Yeas: Pahls, Palermo, Festersen, Harding, Jerram, Mr. President
Nays: None
Pass: Melton
(Councilmember Melton passed twice due to a potential conflict of interest)
MOTION APPROVED 6-0-1
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WEST CENTER VILLAGE
Deputy City Clerk Kimberly Pulliam stated that Items 10 through 13 relate to the same project
and would be considered together.
(Required notice of the public hearing relating to this development was published in the Daily
Record on November 27, 2018.)
10. ORD. 41679 – An ordinance to rezone property located southeast of 204th Street and
West Center Road from AG-Agricultural District to MU-Mixed Use District – (First
Reading November 20, 2018; Second Reading December 4, 2018; Third Reading,
Public Hearing and Vote December 11, 2018) – see attached. (PUBLIC HEARING AND
VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
11. RES. 1045 – Res. that, the Final Plat entitled West Center Village (formerly West Center
Commons), located southeast of 204th Street and West Center Road, is hereby
approved and accepted. The applicant is Woodsonia-204 Center, LLC – Outside City
Limits – see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
B. Communication in opposition – see attached.
C. Documentation received from Tom Monaghan during the meeting – see
attached.
12. RES. 1046 – Res. that, the Subdivision Agreement among the City of Omaha,
Woodsonia-204 Center, LLC, The West Center Village Owners Association, and
Sanitary and Improvement District (S.&I.D.) 596 of Douglas County, Nebraska, as
recommended by the Mayor, is hereby approved. The Subdivision is to be known as
West Center Village (Lots 1-8 and Outlots A-B) and is located southeast of 204th Street
and West Center Road – see attached. (PUBLIC HEARING AND VOTE TODAY)
13. ORD. 41680 – An ordinance to approve a Mixed Use District Development Agreement
for property located southeast of 204th Street and West Center Road between the City
of Omaha and Woodsonia-204 Center, LLC, providing site development standards –
(First Reading November 20, 2018; Second Reading December 4, 2018; Third
Reading, Public Hearing and Vote December 11, 2018) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Gray opened the Public Hearing on Items 10 through 13.
The following person(s) appeared and spoke:
PROPONENTS:
Larry Jobeun, Attorney for the applicant, 11440 West Center Road
Jeff Elliott, 17007 Marcy Street
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OPPONENTS:
Tom Monaghan, Attorney, 1403 Farnam Street
Michael Haffke, The Rock Place, 3405 South 204th Street, Elkhorn, NE
FOR THE CITY:
Dave Fanslau, Planning Director
No one else came forward, and the public hearing was closed.
MOTION by Jerram, SECOND by Palermo that the following items be postponed to the
January 8, 2019 City Council meeting:
Item # 10 ORDINANCE # 41679; Item # 11 RESOLUTION # 1045;
Item # 12 RESOLUTION # 1046; and, Item # 13 ORDINANCE # 41680
ROLL CALL:
Yeas: Pahls, Palermo, Festersen, Jerram, Mr. President
Nays: Harding, Melton
MOTION APPROVED 5-2
BRIGGS PLACE
Deputy City Clerk Kimberly Pulliam stated that Items 14 through 17 relate to the same project
and would be considered together.
(Required notice of the public hearing relating to this development was published in the Daily
Record on November 27, 2018.)
14. ORD. 41682 – An ordinance to approve a PUR-Planned Unit Redevelopment Overlay
District in a R8-High-Density Multiple-Family Residential District (property is also located
within an ACI-1(PL) Overlay District) located northwest of 44th and Douglas Streets, to
approve the Development Plan – (First Reading November 20, 2018; Second Reading
December 4, 2018; Third Reading, Public Hearing and Vote December 11, 2018) – see
attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
15. RES. 1047 – Res. that, the Preliminary Plat entitled Briggs Place Replat 8, located
northwest of 44th and Douglas Streets, along with the conditions, is hereby accepted;
and, the preparation of the final plat of this subdivision is hereby authorized. The
applicant is 44 Douglas Housing LLC – Inside City Limits – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
16. RES. 1048 – Res. that, the Final Plat entitled Briggs Place Replat 8, located northwest of
44th and Douglas Streets, is hereby approved and accepted. The applicant is 44
Douglas Housing LLC – Inside City Limits – see attached. (PUBLIC HEARING AND
VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
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17. RES. 1049 – Res. that, the Subdivision Agreement between the City of Omaha and 44
Douglas Housing LLC, as recommended by the Mayor, is hereby approved. The
Subdivision is to be known as Briggs Place (Lot 1) and is located northwest of 44th and
Douglas Streets – see attached. (PUBLIC HEARING AND VOTE TODAY)
Council President Gray opened the Public Hearing on Items 14 through 17.
The following person(s) appeared and spoke:
PROPONENTS:
Tom McLeay, 3814 Farnam Street
No one else came forward, and the public hearing was closed.
MOTION by Melton, SECOND by Harding that the following items be approved:
Item # 14 ORDINANCE # 41682; Item # 15 RESOLUTION # 1047
Item # 16 RESOLUTION # 1048; and, Item # 17 RESOLUTION # 1049
ROLL CALL:
Yeas: Pahls, Palermo, Festersen, Harding, Jerram, Melton, Mr. President
Nays: None
MOTION APPROVED 7-0
PEACEFUL OAKS
Deputy City Clerk Kimberly Pulliam stated that Items 18 through 22 relate to the same project
and would be considered together.
(Required notice of the public hearing relating to this development was published in the Daily
Record on November 27, 2018.)
18. ORD. 41684 – An ordinance to rezone property located north of North Crest Drive and
west of North Post Road from DR-Development Reserve District to R1-Single-Family
Residential District (Large lot) (property is located within an ED-Environmental
Resources Overlay District) – (First Reading November 20, 2018; Second Reading
December 4, 2018; Third Reading, Public Hearing and Vote December 11, 2018) – see
attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
19. RES. 1052 – Res. that, the Preliminary Plat entitled Peaceful Oaks, a minor plat outside
the city limits, located north of North Crest Drive and west of North Post Road, along
with the conditions, is hereby accepted; and, the preparation of the final plat of this
subdivision is hereby authorized. The applicant is Sean Negus – Outside City Limits –
see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
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20. RES. 1053 – Res. that, the Final Plat entitled Peaceful Oaks, located north of North
Crest Drive and west of North Post Road, is hereby approved and accepted. The
applicant is Sean Negus – Outside City Limits – see attached. (PUBLIC HEARING AND
VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
21. RES. 1054 – Res. that, the Special Use Permit application submitted by Sean Negus, for
a Special Use Permit to allow development in the North Hills Envir onmental Resources
Overlay District located north of North Crest Drive and west of North Post Road, Omaha,
Nebraska, is hereby approved and the Permits and Inspection Division is directed to
issue the necessary permit therefor, provided the conditions set out in Exhibit "A" of the
referenced application, and all applicable local or state statutes, ordinances or
regulations are complied with. The proposed Special Use Permit has been reviewed and
evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the
Omaha Municipal Code – see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
22. RES. 1055 – Res. that, the Subdivision Agreement between the City of Omaha and
Daryll and Theresa Beckenhauer, husband and wife, as recommended by the Mayor, is
hereby approved. The Subdivision is to be known as Peaceful Oaks (Lot 1) and is
located north of North Crest Drive and west of North Post Road – see attached.
(PUBLIC HEARING AND VOTE TODAY)
Council President Gray opened the Public Hearing on Items 18 through 22.
The following person(s) appeared and spoke:
PROPONENTS:
Sean Negus, Sean Negus Construction, 6100 North 16th Street
No one else came forward, and the public hearing was closed.
MOTION by Festersen, SECOND by Harding that the following items be approved:
Item # 18 ORDINANCE # 41684; Item # 19 RESOLUTION # 1052;
Item # 20 RESOLUTION # 1053; Item # 21 RESOLUTION # 1054; and,
Item # 22 RESOLUTION # 1055
ROLL CALL:
Yeas: Pahls, Palermo, Festersen, Harding, Jerram, Melton, Mr. President
Nays: None
MOTION APPROVED 7-0
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PLANNING ORDINANCES ON FINAL READING WITH PLANNING BOARD ATTACHMENTS
(Required notices of the public hearings relating to the following developments were published
in the Daily Record on November 27, 2018.)
Deputy City Clerk Kimberly Pulliam stated that Items 23 and 24 relate to the same project and
would be considered together.
23. ORD. 41672 – An ordinance to rezone the property located at 3214 L Street from
R4(35)-Single-Family Residential District (High Density) to CC-Community Commercial
District – (First Reading November 20, 2018; Second Reading December 4, 2018;
Third Reading, Public Hearing and Vote December 11, 2018) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
24. ORD. 41673 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located at 3214 L
Street – (First Reading November 20, 2018; Second Reading December 4, 2018; Third
Reading, Public Hearing and Vote December 11, 2018) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Gray opened the Public Hearing on Items 23 and 24.
No one came forward, and the public hearing was closed.
MOTION by Palermo, SECOND by Harding that the following items be postponed to the
January 8, 2019 City Council meeting:
Item # 23 ORDINANCE # 41672; and, Item # 24 ORDINANCE # 41673
ROLL CALL:
Yeas: Pahls, Palermo, Festersen, Harding, Jerram, Melton, Mr. President
Nays: None
MOTION APPROVED 7-0
25. ORD. 41674 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located at 6010
North 49th Street – (First Reading November 20, 2018; Second Reading December 4,
2018; Third Reading, Public Hearing and Vote December 11, 2018) – see attached.
(PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Gray opened the Public Hearing on Item 25.
No one came forward, and the public hearing was closed.
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MOTION by Melton, SECOND by Harding that ORDINANCE # 41674 be approved
ROLL CALL:
Yeas: Pahls, Palermo, Festersen, Harding, Jerram, Melton, Mr. President
Nays: None
MOTION APPROVED 7-0
26. ORD. 41675 – An ordinance to rezone property located at 3723 South 16th Street from
R4(35)-Single-Family Residential District (High Density) to R4-Single-Family Residential
District (High Density) – (First Reading November 20, 2018; Second Reading
December 4, 2018; Third Reading, Public Hearing and Vote December 11, 2018) – see
attached. (PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Gray opened the Public Hearing on Item 26.
The following person(s) appeared and spoke:
PROPONENTS:
Maria Hernandez, 3723 South 16th Street
No one else came forward, and the public hearing was closed.
MOTION by Palermo, SECOND by Festersen that ORDINANCE # 41675 be approved
ROLL CALL:
Yeas: Pahls, Palermo, Festersen, Harding, Jerram, Melton, Mr. President
Nays: None
MOTION APPROVED 7-0
27. ORD. 41676 – An ordinance to amend the boundaries of the MCC-Major Commercial
Corridor Overlay District, to incorporate into that district the property located at 5646
North 90th Street – (First Reading November 20, 2018; Second Reading December 4,
2018; Third Reading, Public Hearing and Vote December 11, 2018) – see attached.
(PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Gray opened the Public Hearing on Item 27.
No one else came forward, and the public hearing was closed.
MOTION by Festersen, SECOND by Melton that ORDINANCE # 41676 be approved
ROLL CALL:
Yeas: Pahls, Palermo, Festersen, Harding, Jerram, Melton, Mr. President
Nays: None
MOTION APPROVED 7-0
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28. ORD. 41681 – An ordinance to rezone the property located east of 216th Street and
Greenbrier Drive from AG-Agricultural District to R2-Single-Family Residential District
(Low-Density) – (First Reading November 20, 2018; Second Reading December 4,
2018; Third Reading, Public Hearing and Vote December 11, 2018) – see attached.
(PUBLIC HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Gray opened the Public Hearing on Item 28.
The following person(s) appeared and spoke:
PROPONENTS:
Jeff Elliott, 17007 Marcy Street
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that ORDINANCE # 41681 be approved
ROLL CALL:
Yeas: Pahls, Palermo, Festersen, Harding, Jerram, Melton, Mr. President
Nays: None
MOTION APPROVED 7-0
29. ORD. 41683 – An ordinance to rezone the property located southeast and southwest of
22nd Street and Willis Avenue from R4-Single-Family Residential District (High Density)
and GC-General Commercial District to R4-Single-Family Residential District (High
Density) – (First Reading November 20, 2018; Second Reading December 4, 2018;
Third Reading, Public Hearing and Vote December 11, 2018) – see attached. (PUBLIC
HEARING AND VOTE TODAY)
A. Planning Board and Planning Department recommend approval – see attached.
Council President Gray opened the Public Hearing on Item 29.
The following person(s) appeared and spoke:
PROPONENTS:
Terry Morrison, Ehrhart Griffin & Associates, 3552 Farnam Street
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that ORDINANCE # 41683 be approved
ROLL CALL:
Yeas: Pahls, Palermo, Festersen, Harding, Jerram, Melton, Mr. President
Nays: None
MOTION APPROVED 7-0
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LIQUOR
30. RES. 1126 – Class “C” Liquor License Application – Mount Kenya Services, L.L.C., dba
“Pheasant Bar & Grill”, 13909 “S” Plaza. (This is a new application for an old location).
Present licensee is Kanger Chef Services, LLC dba “Pheasant Bar and Grill”, who has a
Class “C” Liquor License – see attached. (PUBLIC HEARING AND VOTE TODAY)
Council President Gray opened the Public Hearing on Item 30.
The following person(s) appeared and spoke:
PROPONENTS:
Lloyd Marangu, 13909 S Plaza
No one else came forward, and the public hearing was closed.
MOTION by Harding, SECOND by Melton that RESOLUTION # 1126 be approved
ROLL CALL:
Yeas: Pahls, Palermo, Festersen, Harding, Jerram, Melton, Mr. President
Nays: None
MOTION APPROVED 7-0
31. RES. 1127 – Addition Application – LLMSJ, Inc., dba “White House Bar & Grill”, 7768
Cass Street requests permission for an addition to their present Class “C” Liquor License
location of an outdoor area approx. 12’ x 27’ to the south. Notice was posted on the
property on 11/28/18; Notification was sent to property owners within 500 feet on
11/29/18 – see attached. (PUBLIC HEARING AND VOTE TODAY)
A. Communication in support – see attached.
Council President Gray opened the Public Hearing on Item 31.
The following person(s) appeared and spoke:
PROPONENTS:
Lisa Ballue, 7768 Cass Street
No one else came forward, and the public hearing was closed.
MOTION by Festersen, SECOND by Jerram that RESOLUTION # 1127 be approved
ROLL CALL:
Yeas: Pahls, Palermo, Festersen, Harding, Jerram, Melton, Mr. President
Nays: None
MOTION APPROVED 7-0
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CONSENT AGENDA
Deputy City Clerk Kimberly Pulliam stated that any member of the City Council may cause any
item placed on the Consent Agenda to be removed. Items removed from the Consent Agenda
shall be taken up by the City Council immediately following the Consent Agenda in the order in
which they were removed unless otherwise provided by the City Council Rules of Order.
Council President Gray announced that the public hearings on Agenda Items 32 through 42
were held on December 4, 2018.
(Required notices of the public hearings were published in the Daily Record on November 30,
2018.)
COUNCIL PRESIDENT GRAY STATED THAT AGENDA ITEMS 32 AND 35 WERE REMOVED
FROM THE CONSENT AGENDA
CONSENT AGENDA – ORDINANCES
32. ORD. 41665 – An ordinance to designate the Automobile Sales Building & Army Corps
Laboratory (ASB) located at 420 South 18th Street as a landmark pursuant to the
Landmark Heritage Preservation Ordinance of the City of Omaha – (First Reading
November 20, 2018; Second Reading and Public Hearing December 4, 2018; Third
Reading December 11, 2018) – see attached. (REMOVED FROM CONSENT)
A. Planning Board and Planning Department recommend approval – see attached.
33. ORD. 41666 – An ordinance to approve an Inter-local Agreement between the City of
Bennington and the City of Omaha regarding an adjustment to the extraterritorial
jurisdiction lines and the associated Master Plan amendments, generally located north of
Military Road, between 138th Street and 180th Street; providing for the continuity of
platting and zoning regulations; providing for the transition of zoning and subdivision
jurisdictional limits; utilizing the City’s Planning Department and Permits and Inspections
Bureau – (First Reading November 20, 2018; Second Reading and Public Hearing
December 4, 2018; Third Reading December 11, 2018) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
34. ORD. 41671 – An ordinance to amend the official records, logs, and plats of the City of
Omaha in accordance with Chapter 27 and 34 of the Omaha Municipal Code to provide
for the following changes in street names: 169th Street changes to 170th Avenue, from
Crown Pointe Avenue, Northwest to the North line of Lot 28, Pier 15 Addition – (First
Reading November 20, 2018; Second Reading and Public Hearing December 4, 2018;
Third Reading December 11, 2018) – see attached.
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35. ORD. 41686 – An ordinance to continue the ongoing maintenance of portions of Abbott
Drive by Lanoha Nurseries, in accordance with the original intensions of the Peter Kiewit
Foundation in their donation for this project, dated May 2000. The City entered into an
amended Grant Agreement with the Kiewit Foundation, which made a grant of
approximately $325,000.00 to the City for the maintenance of plantings along portions of
Abbott Drive, contingent upon the City utilizing Lanoha Nurseries for the maintenance of
these areas. Subsequently, the funds of the Foundation’s original grant have been
exhausted in providing such maintenance. Therefore, the purpose of this Ordinance is
to approve the Agreement to keep the original intent of the Foundation’s grant to have
Lanoha Nurseries continue to maintain plantings along portions of Abbott Drive while
being reviewed, approved and funded by the City going forward. This Agreement
specifies the terms and conditions for such maintenance services between the City and
Lanoha Nurseries for portions of Abbott Drive through 2027 – (First Reading November
20, 2018; Second Reading and Public Hearing December 4, 2018; Third Reading
December 11, 2018) – see attached. (REMOVED FROM CONSENT)
36. ORD. 41667 – An ordinance to accept the quote from Body Basics, Inc., involving the
payment of money from appropriations of more than one year in accordance with
Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; to
enter into a three-year price agreement for the maintenance and repair of exercise
equipment at Omaha Police Department facilities – (First Reading November 20, 2018;
Second Reading and Public Hearing December 4, 2018; Third Reading December 11,
2018) – see attached.
37. ORD. 41668 – An ordinance to amend Section 10-242 of the Omaha Municipal Code to
provide for the payment of subsistence expenses when a person engaged in City
business travels by airplane and is absent for a significant portion of a day; to increase
the amount that a City official or employee may receive for in lieu of mileage from $50.00
to $75.00 per month – (First Reading November 20, 2018; Second Reading and Public
Hearing December 4, 2018; Third Reading December 11, 2018) – see attached.
38. ORD. 41669 – An ordinance to approve the acceptance of and authorize the
disbursement from the FY 2018 State Homeland Security Grant (SHSG) Award #EMW -
2018-SS-00037-S01, and budget in the amount of $843,058.00 from the Nebraska
Emergency Management Agency (NEMA), during the award period of September 1,
2018 through August 31, 2021, to provide first responder and emergency management
agencies in Douglas, Sarpy, and Washington Counties with enhanced capabilities to
prevent, protect against, mitigate, respond to, and recover from manmade threats and
natural disasters; to authorize payment from such grant funding and involving
appropriations of more than one year in conformity with Section 5.17 of the Home Rule
Charter – (First Reading November 20, 2018; Second Reading and Public Hearing
December 4, 2018; Third Reading December 11, 2018) – see attached.
39. ORD. 41670 – An ordinance providing for approval of a twenty-year Lease Agreement
between the City of Omaha and METRO, the Transit Authority of the City, for the
placement, installation, use, and maintenance of Bus Rapid Transit (“BRT”) stations on
city-owned property; lease payments shall be made to the City in conformance with
O.M.C Section 3-97 – (First Reading November 20, 2018; Second Reading and Public
Hearing December 4, 2018; Third Reading December 11, 2018) – see attached.
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40. ORD. 41685 – An ordinance to approve and authorize the execution of an Amendment
to Agreement ("Amendment") between the City of Omaha, and the Omaha Zoological
Society, amending an Agreement dated the 8th day of September, 1964, involving the
payment of money from appropriations of more than one year in accordance with
Section 5.17 of the Home Rule Charter of the City of Omaha, 1956, as amended; to
provide for the payment to the Omaha Zoological Society for the calendar years, 2021,
2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029 and 2030 (the "Amendment Term") for
services rendered to the City of Omaha for the improvement and operation of the Henry
Doorly Zoo (the "Zoo") – (First Reading November 20, 2018; Second Reading and
Public Hearing December 4, 2018; Third Reading December 11, 2018) – see attached.
41. ORD. 41688 – An ordinance to approve an amendment to the CDBG Program deferred
payment loan agreement between the City of Omaha and Livestock Exchange Building
Limited Liability Company – (First Reading November 20, 2018; Second Reading and
Public Hearing December 4, 2018; Third Reading December 11, 2018) – see attached.
42. ORD. 41647 – An ordinance approving a Redevelopment Agreement by and between
the City of Omaha and Noddle Development Company, LLC, and its successors or
assigns, for the redevelopment of various properties within The Builder’s District at NoDo
Redevelopment Plan Area generally bounded by Cuming Street on the north, 14th Street
on the east, Cass and Burt Streets generally on the south and 22nd Street on the west –
(First Reading November 20, 2018; Second Reading and Public Hearing December 4,
2018; Third Reading December 11, 2018) – see attached.
MOTION by Melton, SECOND by Harding that the following items be approved:
Item # 33 ORDINANCE # 41666; Item # 34 ORDINANCE # 41671;
Item # 36 ORDINANCE # 41667; Item # 37 ORDINANCE # 41668;
Item # 38 ORDINANCE # 41669; Item # 39 ORDINANCE # 41670;
Item # 40 ORDINANCE # 41685; Item # 41 ORDINANCE # 41688; and,
Item # 42 ORDINANCE # 41647
ROLL CALL:
Yeas: Pahls, Palermo, Festersen, Harding, Jerram, Melton, Mr. President
Nays: None
MOTION APPROVED 7-0
32. ORD. 41665 – An ordinance to designate the Automobile Sales Building & Army Corps
Laboratory (ASB) located at 420 South 18th Street as a landmark pursuant to the
Landmark Heritage Preservation Ordinance of the City of Omaha – (First Reading
November 20, 2018; Second Reading and Public Hearing December 4, 2018; Third
Reading December 11, 2018) – see attached.
A. Planning Board and Planning Department recommend approval – see attached.
The following person(s) were called to appear and spoke:
Bob Perrin, 1101 South 36th Street
Clare Duda, Douglas County Commissioner, 13205 North River Drive
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MOTION by Harding, SECOND by Gray that ORDINANCE # 41665 be postponed to the
January 29, 2019 City Council meeting
ROLL CALL:
Yeas: Pahls, Palermo, Festersen, Harding, Jerram, Melton, Mr. President
Nays: None
MOTION APPROVED 7-0
35. ORD. 41686 – An ordinance to continue the ongoing maintenance of portions of Abbott
Drive by Lanoha Nurseries, in accordance with the original intensions of the Peter Kiewit
Foundation in their donation for this project, dated May 2000. The City entered into an
amended Grant Agreement with the Kiewit Foundation, which made a grant of
approximately $325,000.00 to the City for the maintenance of plantings along portions of
Abbott Drive, contingent upon the City utilizing Lanoha Nurseries for the maintenance of
these areas. Subsequently, the funds of the Foundation’s original grant have been
exhausted in providing such maintenance. Therefore, the purpose of this Ordinance is
to approve the Agreement to keep the original intent of the Foundation’s grant to have
Lanoha Nurseries continue to maintain plantings along portions of Abbott Drive while
being reviewed, approved and funded by the City going forward. This Agreement
specifies the terms and conditions for such maintenance services between the City and
Lanoha Nurseries for portions of Abbott Drive through 2027 – (First Reading November
20, 2018; Second Reading and Public Hearing December 4, 2018; Third Reading
December 11, 2018) – see attached.
MOTION by Melton, SECOND by Harding that ORDINANCE # 41686 be postponed to the
January 8, 2019 City Council meeting
ROLL CALL:
Yeas: Pahls, Palermo, Festersen, Harding, Jerram, Melton, Mr. President
Nays: None
MOTION APPROVED 7-0
_______________________________________
Council President Gray announced that the public hearings on Agenda Items 43 through 56
were today. He asked that anyone who wished to address the City Council regarding these
items please come to the microphone, indicate the Agenda Item Number being addressed, and
state their name, address, who they represent, and if they were speaking as a proponent or
opponent.
CONSENT AGENDA – RESOLUTIONS
43. RES. 1128 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Clark Equipment Company dba Bobcat
Company & Doosan Infracore Construction Equipment Americas in the amount of
$70,170.00 for the purchase of one Bobcat 5600 to be utilized by the Parking Division.
(The Finance Department is authorized to pay the cost of this purchase from the Parking
Revenue Fund 21116, Parking Administration Organization 116241, year 2018 funding.)
– see attached.
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44. RES. 1129 – Res. that, as recommended by the Mayor, the contract with Midwest DCM,
Inc. in the amount of $69,960.00 for OPW 53480 being the Papillion Creek Water
Resource Recovery Facility Monument and Wayfinding Signage, is hereby approved.
(The Finance Department is authorized to pay the cost of $69,960.00 from the Sewer
Revenue Fund 21121, Papio Creek Waste Water Treatment Plant Organization 116611,
year 2018 expenditure.) – see attached.
45. RES. 1130 – Res. that, as recommended by the Mayor, Change Order No. 1 with
Omaha Neon Sign Company, Inc., in the amount of $62,155.00 for additional work on
OPW 53227, being the Parking Garage Signage Project, is hereby approved. (The
Finance Department is authorized to pay an additional sum of $62,155.00, which is to be
paid from the Parking Revenue Fund 21116, System Wide Parking Improvements
Organization 116239, year 2018 expenditure.) – see attached.
46. RES. 1131 – Res. that, as recommended by the Mayor, Amendment No. 3 to the
Professional Services Agreement with HDR, Inc. in the amount of $1,787,700.00 for
Phase 2 engineering services on OPW 52534, being the recertification of the Omaha
Levee Project, is hereby approved. (The Finance Department is authorized to pay the
additional fee not to exceed $1,787,700.00 for these services to be paid from 2014
Environment Bond Fund 13124, Environmental Bonds Organization 117217.) – see
attached.
47. RES. 1132 – Res. that, the City of Omaha seek a buyer to purchase the properties
located at part of Lot 322, Skyline Ranches III and adjacent to 721 South 210th Circle for
an amount no less than $7,900.00 in order to defease the existing bonds applicable to
the property; and that upon payment of the purchase price, the Mayor be and hereby is
authorized to execute and deliver a deed of the property to the purchaser – see
attached.
A. Planning Board and Planning Department recommend approval – see attached.
48. RES. 1133 – Res. that, as recommended by the Mayor, the Purchasing Agent be
authorized to issue a Purchase Order to Sid Dillon Ford, Inc. in the amount of
$28,523.00 for the purchase of one (1) ¾ Ton Extended Cab 4x4 Pickup to be utilized by
the Planning Department’s Handy Man Program. (The Finance Department is authorized
to pay the cost of this purchase from the Community Development Block Grant Fund
12186, CDBG Grant Organization 128072, year 2018 funding.) – see attached.
49. RES. 1134 – Res. that, as recommended by the Mayor, the purchase of furniture in the
total amount of $119,592.68 for the completion of a remodel, is hereby approved. (The
Finance Department is authorized to pay a total of $119,592.68 from the following:
General Fund No. 11111, Organization No. 109011, $69,535.71; TIF Fund No. 21216,
Organization No. 109111, $3,128.56; EPA Fund No. 12136, Organization No. 128104,
$9,385.68; and CDBG Fund No. 12186, Organization No. 128072, $37,542.73.) – see
attached.
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50. RES. 1137 – Res. that, as recommended by the Mayor, the Agreement between the City
of Omaha and GESU Housing, Inc. (GESU), to provide $1,050,000.00 ($50,000.00 in
Program Delivery for the City) in HOME Program funds to GESU for the new
construction of ten (10) single-family houses to be located at 4253, 3732, 3726, 3740,
3736 and 3744 Corby Street; 4128 Ohio Street, 4143 Grant Street and 3910 and 3808
Miami Street in the Clifton Hills South Neighborhood New Single-Family Housing Infill
Program Target Area, and the subsequent purchase of the HOME and private funded
houses by a qualified low- and moderate-income family whose gross annual household
income is at or below 80% of the Median Income by Family Size (MFI), is hereby
approved. (HOME funds in the amount of $1,050,000.00 ($50,000.00 in Program
Delivery for the City) shall be paid from the FY 2018 Single-Family New Infill Housing
Fund No. 12179, Award No. 100599, Project No. 5716, Organization No. 128071.) – see
attached.
51. RES. 1138 – Res. that, as recommended by the Park and Recreation Advisory Board,
approval of the project for Sanitary and Improvement District (S.I.D.) 444 – Bridlewood,
in the amount of $63,404.10, to make improvements to the existing Neighborhood Park,
located on the west side of the West Papio Creek in the Bridlewood Subdivision,
including administrative costs – see attached.
52. RES. 1139 – Res. that, as recommended by the Park and Recreation Advisory Board,
approval of the project for Sanitary and Improvement District (S.I.D.) 535 – Hanover
Falls, in the amount of $206,246.10, to make improvements to the existing
Neighborhood Park, located at 9053 North HWS Cleveland Blvd, including administrative
costs – see attached.
53. RES. 1140 – Res. that, as recommended by the Park and Recreation Advisory Board,
approval of the project for Sanitary and Improvement District (S.I.D.) 535 – Hanover
Falls, in the amount of $192,402.00, to make Boulevard improvements to HWS
Cleveland Boulevard, located at 9053 North HWS Cleveland Blvd, including
administrative costs – see attached.
54. RES. 1141 – Res. that, as recommended by the Mayor, the extension to the Agreement
with Douglas County Community Mental Health Center, in the total amount not to
exceed $22,500.00, to provide a protective custody program and facility for intoxicated
individuals, is hereby approved. (The Finance Department is authorized to pay the
Funds in the monthly amount of $7,500.00, with the total amount not to exceed
$22,500.00, to Douglas County Community Mental Health Center. Funds will be
allocated in the amount of $16,250.00 from 2018 Keno Fund 12118, Org 126017 and
$6,250.00 from 2018 General Fund 11111, Org 111111, Chief Administrative Functions,
Account 42239, Professional Fees – Other.) – see attached.
55. RES. 1142 – Res. that, the Policy for investment of City of Omaha funds shall be and
hereby is approved and adopted and this Policy shall control investment decisions until
such time as it is revoked or suspended. Any previous version of an Investment Policy is
hereby revoked and superseded – see attached.
56. RES. 1143 – Res. that, as recommended by the Mayor, the payment to the Omaha
Sports Commission in the amount of $250,000.00, to support the Olympic Swim Trials
that Omaha will host in 2020, is hereby approved. (Paid from 2018 General Fund 11111,
Organization 119014, Account 42239.) – see attached.
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Council President Gray opened the Public Hearing on Items 43 through 56.
The following person(s) appeared and spoke:
PROPONENTS:
Item # 56 – Josh Todd, Omaha Sports Commission, 1004 Farnam Street
FOR THE CITY:
Item # 56 – Steve Curtiss, Finance Director
No one else came forward, and the public hearing was closed.
MOTION by Jerram, SECOND by Festersen that the following items be approved:
Item # 43 RESOLUTION # 1128; Item # 44 RESOLUTION # 1129;
Item # 45 RESOLUTION # 1130; Item # 46 RESOLUTION # 1131;
Item # 47 RESOLUTION # 1132; Item # 48 RESOLUTION # 1133;
Item # 49 RESOLUTION # 1134; Item # 50 RESOLUTION # 1137;
Item # 51 RESOLUTION # 1138; Item # 52 RESOLUTION # 1139;
Item # 53 RESOLUTION # 1140; Item # 54 RESOLUTION # 1141;
Item # 55 RESOLUTION # 1142; and, Item # 56 RESOLUTION # 1143
ROLL CALL:
Yeas: Pahls, Palermo, Festersen, Harding, Jerram, Melton, Mr. President
Nays: None
MOTION APPROVED 7-0
______________________________________
ORDINANCES ON FINAL READING
57. SPECIAL ORD. 10239 – An ordinance levying a special tax and assessment on all
lots and pieces of real estate within Street Improvement District (SID) 6879, in the City of
Omaha, to cover the cost of constructing and improving Leavenworth Street, from 93rd
Street to 94th Street, in Portland cement concrete – (First Reading November 20,
2018; Second Reading and Public Hearing December 4, 2018; Third Reading December
11, 2018) – see attached. (VOTE TODAY)
MOTION by Pahls, SECOND by Melton that SPECIAL ORDINANCE # 10239 be approved
ROLL CALL:
Yeas: Pahls, Festersen, Harding, Jerram, Melton, Mr. President
Nays: Palermo
MOTION APPROVED 6-1
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58. ORD. 41687 – An ordinance to approve a Restated Memorandum of Agreement
between the Professional Firefighters Association of Omaha, Local 385 and the City of
Omaha concerning Health Care Trust Establishment for a period of January 1, 2019 to
December 31, 2023; to provide that any Ordinance of the City of Omaha, and any rules
and regulations promulgated therein, which are in contract with the provisions of the
Restated Memorandum shall not be applicable to those employees in the identified
bargaining unit – (First Reading November 20, 2018; Second Reading and Public
Hearing December 4, 2018; Third Reading December 11, 2018) – see attached. (VOTE
TODAY)
MOTION by Melton, SECOND by Harding that ORDINANCE # 41687 be approved
ROLL CALL:
Yeas: Pahls, Palermo, Harding, Jerram, Melton, Mr. President
Nays: None
Pass: Festersen
(Councilmember Festersen passed twice due to potential conflict of interest)
MOTION APPROVED 6-0-1
______________________________________
ORDINANCES ON SECOND READING
59. ORD. 41689 – An ordinance (1) to approve the acceptance of and authorize
disbursement over more than one fiscal year from the Bureau of Justice Assistance, FY
2018 National Sexual Assault Kit Initiative Grant, Award #2018-AK-BX-0030 in the
amount of $1,901,640.00, during the project period of October 1, 2018 to September 30,
2021; to build capacity to comprehensively address untested Sexual Assault Kits in
Omaha Police Department Custody; to authorize payment from such grant funding and
involving appropriations of more than one fiscal year in conformity with Section 5.17 of
the Home Rule Charter – (First Reading December 4, 2018; Second Reading and
Public Hearing December 11, 2018; Third Reading December 18, 2018) – see
attached. (PUBLIC HEARING TODAY)
A. Communication in support – see attached.
Council President Gray opened the Public Hearing on Item 59.
The following person(s) appeared and spoke:
PROPONENTS:
Elizabeth Power, Women’s Center for Advancement, 3801 Harney Street
FOR THE CITY:
Lt. Tracy Scherer, Omaha Police Department
Jim Dowding, City Council Chief of Staff
No one else came forward, and the public hearing was closed.
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60. ORD. 41690 – An ordinance to approve the acceptance of and authorize disbursement
over more than one fiscal year from the U.S. Department of Justice, Office of Community
Oriented Policing Services (COPS), FY 2018 COPS STOP School Violence Prevention
Program (SVPP), Award #2018-SV-WX-0045, in the amount of $403,718.00, a match in
the amount of $134,573.00 provided by the Sherwood Foundation, and total program
amount of $538,291.00 during the project period of October 1, 2018 to September 30,
2020; to provide funding for items authorized in the COPS Financial Clearance
Memorandum, including one (1) non-sworn Omaha Police Department hire, equipment
and technology, travel and training, and contracts and consultants; to authorize payment
from such grant funding and involving appropriations of more than one year in conformity
with Section 5.17 of the Home Rule Charter – (First Reading December 4, 2018;
Second Reading and Public Hearing December 11, 2018; Third Reading December 18,
2018) – see attached. (PUBLIC HEARING TODAY)
Council President Gray opened the Public Hearing on Item 60.
The following person(s) appeared and spoke:
OPPONENTS:
Larry Storer, 5015 Lafayette Avenue
FOR THE CITY:
Patricia Mendick, Omaha Police Department
No one else came forward, and the public hearing was closed.
COUNCIL PRESIDENT GRAY LEFT THE LEGISLATIVE CHAMBERS AT 4:42 P.M.
_______________________________________
NON-ACTION ITEMS
(Items 61 through 66 do not require a public hearing or City Council consideration at the present
meeting, but will be placed on a future agenda for a public hearing and City Council
consideration. The reason for non-action is noted after the item on the agenda as well as the
date the item is expected to appear on an agenda for City Council consideration.)
(CITY COUNCIL WILL NOT MEET ON DECEMBER 25, 2018 AND JANUARY 1, 2018 DUE TO
THE CHRISTMAS AND NEW YEAR’S DAY HOLIDAYS)
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RESOLUTIONS
61. RES. 1118 – Res. that, the Ainsworth and Beverly Apartments Tax Increment Financing
(TIF) Redevelopment Project Plan, for the redevelopment project site located at 2230
and 2236 Jones Street, proposes a complete renovation of two historic buildings
resulting in a total of 33 one-bedroom, market-rate apartment units, and authorizes the
City’s participation through the allocation of TIF in an amount up to $285,000.00, plus
accrued interest, to offset TIF eligible expenses including, but not limited to acquisition,
environmental and geotechnical studies, building rehabilitation, architectural and
engineering fees, and public improvements as required, containing a provision for the
division of ad valorem taxes as authorized by Section 18-2147 through 18-2150,
Revised Statutes of Nebraska, as analyzed and determined to be in conformance with
the Community Development Law and as recommended by the City Planning
Department, be and hereby is approved – see attached. (LAID OVER TO THE
JANUARY 8, 2019 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC
HEARING)
62. RES. 1135 – Res. that, the Little Italy Apartments on Pierce Tax Increment Financing
(TIF) Redevelopment Project Plan, for the redevelopment project site located at 925
Pierce Street, proposes the construction of a five-level apartment building with 83 units
and rooftop patio space, an underground parking garage with 59 stalls, 22 onsite parking
stalls and 16 parking spaces in the public right-of-way, and authorizes the City’s
participation through the allocation of TIF in an amount up to $2,300,000.00, plus
accrued interest, to offset TIF eligible expenses including, but not limited to acquisition,
environmental and geotechnical studies, special geopier foundations, architectural and
engineering fees, alley improvements, and public improvements as required, containing
a provision for the division of ad valorem taxes as authorized by Section 18-2147
through 18-2150, Revised Statutes of Nebraska, as analyzed and determined to be in
conformance with the Community Development Law and as recommended by the City
Planning Department, be and hereby is approved – see attached. (LAID OVER TO
THE JANUARY 8, 2019 CITY COUNCIL MEETING TO ADVERTISE FOR PUBLIC
HEARING)
63. RES. 1136 – Res. that, the Ames Innovation Center Tax Increment Financing (TIF)
Redevelopment Project Plan, for the redevelopment project site located at 4606 North
56th Street, proposes the renovation of a 44,000 square foot building into a high tech,
data-driven work environment for commercial and office use, and authorizes the City’s
participation through the allocation of TIF in an amount up to $486,146.00, plus accrued
interest, to offset TIF eligible expenses including, but not limited to acquisition, building
rehabilitation, architectural and engineering services, and public improvements as
required, containing a provision for the division of ad valorem taxes as authorized by
Section 18-2147 through 18-2150, Revised Statutes of Nebraska, as analyzed and
determined to be in conformance with the Community Development Law and as
recommended by the City Planning Department, be and hereby is approved – see
attached. (LAID OVER TO THE JANUARY 8, 2019 CITY COUNCIL MEETING TO
ADVERTISE FOR PUBLIC HEARING)
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ORDINANCES ON FIRST READING
64. ORD. 41691 – An ordinance (1) to approve an Agreement between the City of Omaha
and the Boys & Girls Clubs of the Midlands in the amount of $83,829.00; and (2) to
authorize funding for such agreement from the City of Omaha’s FY 2017 Edward Byrne
Memorial Justice Assistance Grant (JAG) Program, Award #2017-DJ-BX-0315, awarded
by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice
Assistance; to provide funding for two (2) Gang Specialist positions; to authorize
payment from such grant funding and involving appropriations of more than one year in
conformity with Section 5.17 of the Home Rule Charter – (First Reading December 11,
2018; Second Reading and Public Hearing December 18, 2018; Third Reading January
8, 2019) – see attached.
65. ORD. 41693 – An ordinance to approve a corporate partnership agreement between the
City of Omaha and ASAE: The Center for Association Leadership for promoting the City
of Omaha for the period of April 1, 2019 through March 31, 2022; to promote the City of
Omaha as a premier destination for conventions and meetings to a targeted national
audience in an amount not to exceed $146,000.00 per year – (First Reading December
11, 2018; Second Reading and Public Hearing December 18, 2018; Third Reading
January 8, 2019) – see attached.
66. ORD. 41692 – An ordinance approving an agreement by and between the City of
Omaha and Millwork District I, LLC, to complete the installation of Indiana Street
between 11th and 13th Streets and to limit the City’s expense allocation for the project to
$400,000.00 – (First Reading December 11, 2018; Second Reading and Public
Hearing December 18, 2018; Third Reading January 8, 2019) – see attached.
EXECUTIVE SESSION
67. Motion to go into Executive Session for the purpose of discussing labor negotiations,
personnel matters, and litigation.
ADJOURNMENT
MOTION by Festersen, SECOND by Jerram that the meeting be adjourned
ROLL CALL:
Yeas: Pahls, Palermo, Festersen, Harding, Melton, Mr. President
Nays: None
Absent: Gray
MOTION APPROVED 6-0
MEETING ADJOURNED AT: 4:45 P.M.
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I, KIMBERLY PULLIAM, DEPUTY CITY CLERK OF THE CITY OF OMAHA, do hereby certify
that the foregoing is a true and correct copy of the proceedings of the Meeting of the City
Council of the City of Omaha held on December 11, 2018.
WITNESS: DEPUTY CITY CLERK:
s/Talia Smith s/Kimberly Pulliam
_________________________________ ___________________________________
Talia Smith, Senior Administrative Clerk Kimberly Pulliam